A Ohio federal court has clarified what constitutes a “reasonably comparable appearance” under Ohio’s matching regulation.
In Cinnamon Ridge Condo. Ass’n v. State Farm Fire & Cas. Co., the court determined whether a reasonably comparable appearance should be judged based on a ground level, or line of sight, viewpoint. Even an aerial view was considered, and rejected. Consideration of the opinion is worthwhile
Following an appraisal, State Farm and its insured asked the court to determine what matching was necessary and legal.
The Cinnamon Ridge court first explained that Ohio’s matching regulation required repairs “necessary to achieve a result that is similar, but something less than identical, and, that is fair but not excessive,” and rejected the insured’s argument that all possible angles and viewpoints should be considered. Weighing multiple factors, the court held that appearance should be judged from a line-of-sight viewpoint.
The decision provides much needed clarity for the insurance industry regarding compliance with Ohio regulatory requirements regarding matching. While stopping short of creating a blanket rule, the decision reinforces that the hallmark of compliance with Ohio’s matching regulation is reasonableness.
Read the decision here: Cinnamon Ridge
HKR will continue to monitor this issue as it develops.